Author- Shambhavi Dubey,
Ajeenkya Dy. Patil University
The heinous rape and murder of a 31-year-old post-graduate intern doctor in a reputed medical college in Kolkata has once focussed the attention of society towards women’s safety in India. The woman medico was brutally assaulted sexually and then murdered on August 9, 2024. The details of the gory incident highlighted by the media deeply affected many across the nation, sparking a call for justice and legal reform.
This incident has raised significant concerns, particularly because Kolkata was considered one of the safest cities for women in India. This horrible incident has thrown many questions regarding the safety of women in India.
According to the National Crime Records Bureau (NCRB), over 4,45,000 crimes against women were reported in India in 2022, with more than 31,000 cases of sexual assault alone. As these figures are quite alarming, they emphasize the need for a consistent focus on women’s safety not only by law and order maintaining agencies but by members of the public as well.
According to 2018 statistics, as many as 3,38,000 crime cases against women were registered, with 10 percent involving incidents of rape.
According to NCRB analysis of the cases, 94 rape cases were reported daily in India in 2018. These numbers indicate how unsafe and vulnerable women find themselves in India.
What is most regrettable is that 25 percent rape victims are children. Another matter of great concern is that 94 percent of the crimes against women are committed by those acquainted with the victims.
The high incidence of crimes against women has ranked India at ninth position among nations that are most unsafe for women.
While medicos all over the country were observing strikes demanding action against the culprits involved in the brutal sexual assault and murder of the Kolkata doctor, two innocent girls, aged four and five, were sexually assaulted in Badlapur town of Maharashtra, indicating that there is no fear of law among the criminals.
The government report says that only 12 percent of child abuse cases are reported to the police. The report says that the parents do not come forward to lodge the cases because of the stigma associated with sexual crimes.
While the laws to curb crime against women have been amended to deal strictly with the culprits, the incidents of violence against women are steadily increasing. The 2022 report indicates a 20 percent rise in sexual crimes compared to 2021.
If we analyse the situation, we find that one of the contributors to the rise in crime against women is society’s silence.
When 94 incidents of rape occur daily and society remains silent, it only encourages the perpetrators.
It is also regrettable that when a female doctor is victimized, only the medical community protests; when a Dalit woman is targeted, only the Dalit community raises its voice; and when a Muslim woman is assaulted, the Muslim community protests softly. No other group stands with any of them.
This indicates that we have even divided serious crimes against humanity by religion, caste, and profession. This is very unfortunate.
What is important is that every section of society should rise collectively whenever there is any assault on the dignity of women, irrespective of the victim’s caste, community, or faith.
It encourages the perpetrators of the crime when only the victim’s community demands justice by organizing democratic protests for such protests simply evaporate after a few days or few weeks, without getting adequate justice or no justice at all. This communalizes the protest or movement for seeking justice.
The urgent need is that the people must stand collectively against such crimes sending a strong message to the perpetrators that no injustice will be tolerated irrespective of the identity of the victim.
What are India’s Initiatives Related Women Safety?
Legislations:
International Conventions: India ratified key international conventions, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993.
India also endorsed the Mexico Plan of Action (1975) aimed at full gender equality and ending gender discrimination and the UN General Assembly Session on Gender Equality and Development and Peace for the 21st century.
The Immoral Traffic (Prevention) Act, 1956: Prohibits commercial sex work and trafficking of persons for prostitution.
Indecent Representation of Women Act, 1986: Prohibits indecent representation of women in advertisements and publications.
National Policy for the Empowerment of Women, 2001: Aims for women’s advancement and empowerment, addressing violence against women and providing mechanisms for prevention, assistance, and action.
Eleventh Five-Year Plan (2007-2012): Acknowledges violence against women (VAW) as a major issue, focusing on domestic violence and rape.
Protection of Women from Domestic Violence Act, 2005: Provides support for women victims of domestic violence including shelter and medical facilities, with mandatory Protection Officers.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013: The POSH Act addresses sexual harassment faced by women in the workplace, aiming to ensure a safe work environment.
It defines sexual harassment to include unwelcome physical contact, sexual advances, demands for sexual favours, sexually coloured remarks, and showing pornography.
The Act is based on the Vishakha guidelines established by the Supreme Court in the case of Vishakha & Others v. State of Rajasthan, 1997 which addressed workplace harassment.
It draws from the Indian Constitution’s Article 15 and international norms like CEDAW.
Criminal Law (Amendment) Act, 2013: Enacted for effective legal deterrence against sexual offences.
Further, the Criminal Law (Amendment) Act, 2018 was enacted to prescribe even more stringent penal provisions including the death penalty for the rape of a girl below the age of 12 years.
Jawaharlal Nehru National Urban Renewal Mission (JNNURM): Recommends incorporating gender considerations in urban development to enhance safety for women.
Protection of Children from Sexual Offences (POCSO) Act, 2012: Protects children from sexual offences, providing a legal framework for their protection and ensuring strict penalties for offenders.
Stern punishment needed for sexual assault crimes: An Islamic Perspective
Taking suo motu cognizance of the Kolkata incident, the Supreme Court has formed a national task force (NTF) directing it to recommend comprehensive measures to ensure the protection of medical professionals.
Among various recommendations, NTF has been assigned to suggest is about enhancing security within hospitals, segregating restrooms for male and female doctors, implementing effective security measures through the use of technology, restricting access to all areas within the hospital, providing transportation facilities during night time, reviewing safety protocols every three months, and ensuring the presence of police within the hospital premises.
Justice (retd) Verma Committee had made several recommendations in law to deal with the criminals involved in heinous sexual assault cases post-Nirbhaya incident in Delhi in December 2012.
As a consequence, four accused in the Nirbhaya case were hanged to death in March 2020. Subsequently, there was increasing demand from the public for capital punishment for rapists.
Because of awareness created about the need for capital punishment, many political leaders and government officials began advocating for harsh penalties, for adultery and sexual assault cases after the Nirbhaya incident.
Islam prescribes severe punishments for grave crimes, including rape. While these punishments may appear harsh, they are crucial for the prevention of crime and the maintenance of law and order in society.
The very purpose of harsh penalties is to use them as a means of deterrence by instilling a sense of fear among the criminals, not to create fear within society. From an Islamic perspective, these punishments are of utmost importance for bringing peace to society and ensuring justice. Their proper implementation is a guarantee of a strong and secure society.
Strategies and Measures:
Beti Bachao Beti Padhao Scheme: Focuses on preventing gender-biased sex selection and ensuring the survival, protection, and education of the girl child.
Ujjawala Scheme: Aims at preventing trafficking, rescuing and rehabilitating victims of trafficking and commercial sexual exploitation.
NIRBHAYA Fund: Aims at supporting initiatives for the safety and security of women, including setting up emergency response systems and improving public infrastructure.
Ministry of Women and Child Development Initiatives: Administers schemes like Swadhar Greh Scheme, provides short stay homes for women in difficult circumstances, and conducts awareness programs.
Women Safety in Trains: Introduction of the 182 Security helpline, CCTV cameras in ladies’ compartments, and the ‘R-Mitra’ mobile app for emergencies.
Safety and Security for Women Tourists: Measures include the ‘Incredible India Help Line,’ Code of Conduct for Safe Tourism, and directives for state governments to ensure a secure environment for tourists.
Safety of Women in Metro: Delhi Metro Rail Corporation (DMRC) has dedicated women-only coaches, reserved seats, and dedicated Central Industrial Security Force staff for safety.
Scheme for Universalisation of Women Helpline: Provides 24-hour emergency and non-emergency response through a publicized helpline.
Mobile Apps:
Suraksha: Designed to provide women with a quick and easy way to send distress signals and their location to the police in case of an emergency.
Amrita Personal Safety System (APSS): Wearable device for communication with family and police.
VithU: Emergency app that sends alerts to contacts.
Why are Laws and Regulations Falling Short for Women Safety?
Implementation Gaps: Strict laws enacted after the 2012 Nirbhaya case, like the Criminal Law (Amendment) Act, 2013, enforcement remains inconsistent across different regions and police jurisdictions.
Implementation of regulations, like establishing Internal Complaints Committees (ICC) in organizations, remains inadequate.
Additionally, in 2018 the Securities and Exchange Board of India (SEBI) requires listed companies to report cases of sexual harassment annually, but data remains inconsistent and scattered.
Systemic Issues: Corruption within the legal and law enforcement systems can undermine efforts to address crimes against women. Bribery and misconduct can result in cases being mishandled or dismissed.
Many incidents of violence are not reported due to fear of retaliation, lack of trust in the system, or perceived inefficacy of the legal process.
Cultural and Social Norms: Deeply ingrained societal attitudes and norms can undermine legal protections. In some communities, violence against women may be normalised or not taken seriously.
Cultural attitudes and victim-blaming can discourage women from reporting crimes or seeking help, fearing stigma and societal judgement.
Legal Challenges: Victims often face a high burden of proof, which can lead to low conviction rates. The requirement for substantial evidence and the legal complexity of cases can deter victims from pursuing justice.
The judicial process can be cumbersome, leading to prolonged trials and delayed justice for victims. This can also discourage survivors from reporting crimes.
Economic Dependence: Economic factors can also play a significant role. Women who are financially dependent on their abusers may find it difficult to leave abusive relationships, even if legal protections are in place.
Resistance to Change: Resistance to reform within institutions and among policymakers can delay or obstruct efforts to improve laws and regulations.
Legal frameworks may not evolve quickly enough to address emerging forms of violence or changes in societal attitudes.
Lack of Awareness and Education: There is often limited awareness among women about their legal rights and available support services. This lack of knowledge can prevent them from accessing justice and support.
Indian lawmakers accused of crimes against women
In a recent report prepared by the Association for Democratic Reforms (ADR), as many as 16 sitting MPs and 135 sitting MLAs in their election affidavits have confessed that they are facing cases of crime against women registered against them, many of them charged with serious offences like rape, acid attack, outraging the modesty of women, etc.
The report is based on an examination of affidavits of 4,693 sitting MPs and MLAs between 2019 and 2024 in all 28 states and eight union territories.
This situation poses a grave threat not only to our democratic system but also to the rule of law.
When lawmakers themselves indulge in crimes, how can justice and peace be established in the country? How will ordinary citizens receive protection for their lives, property, and dignity under such circumstances?
It calls for an urgent need to reform our political system and keep those who violate the law out of Parliament to establish the rule of law in a true sense.
Intoxication of power adds to sexual crimes, how to curb it?
A psychological truth about Indian society is that when a person gains even a small amount of power—be it in the form of a khaki uniform or a minor position of authority in the administration—they become intoxicated by it. This intoxication blinds them, leading them to trample on women’s dignity, destroy homes, kill prisoners, desecrate bodies, and become lawbreakers rather than guardians of the law. This is a grave tragedy driven by deep-seated psychological factors.
This intoxication of power makes a person uncontrollable, and the only way to curb this intoxication is through the belief in the Hereafter and the belief in the Oneness of God (Tawheed). If he is made aware that even if gets scot-free in this world because of his position of authority, he will have to face the consequences of his crime in the Next World. This can, to a large extent, inculcate fear of God in him and will restrain him from misusing his authority to commit crimes.
Umar bin Abdul Aziz and the protection of a woman: A lesson for current rulers
During the caliphate of Umar bin Abdul Aziz, a woman complained about some thieves having jumped the boundary wall of her house and stolen her hen’s eggs.
The Caliph immediately acted on the complaint. The government staff found that the boundary wall made of mud was very low, making it easy for thieves to enter her house.
As the woman was poor, the Caliph raised the height of the wall to ensure that no one could easily scale and intrude into her house.
What Caliph Umar bin Abdul Aziz did, is a lesson for our modern-day rulers that the state must protect the life, property, and honour of its citizens.
Attitude of current rulers: Oppression of the weak and lack of justice
But the attitude of our current rulers in our country is different. Instead of protecting weaker sections, the government further victimizes victims which is quite evident from incidents of bulldozing of houses of those who take part in protests to demand justice. We all know how the rented house of the parents of a minor schoolboy in Rajasthan was demolished recently by the government authorities because the schoolboy, in a fit of rage, stabbed his classmate. While it should have been left to the judiciary to decide the punishment, the authorities assuming the role of a judge immediately pulled down the house of the boy’s parents because of their religion.
This situation indicates that the issue in our country is not just the protection of women’s dignity; rather, every weak section of society is being subjected to various forms of oppression. Individuals in uniforms, those holding administrative positions, and people sitting in seats of power, big and small, seem to have been given free rein to oppress the weak.
In this atmosphere of tyranny and oppression, the hope for justice has faded, and the rights of the vulnerable in society are being trampled upon.
Society’s duty to protect fundamental rights in the light of Sharia or Islamic laws
What should the public do in a situation occurring in the country as of now? While reforming themselves, the people should demand from the rulers, the administrators, and the judiciary to protect five fundamental rights: the right to life, the right to property, the right to honour/lineage, the right to intellect, and the right to protect religion.
Well-known 11th-century Islamic jurist Imam Ghazali says that the purpose of Shariah or the law in Islam is to protect these five rights of human beings. An action that safeguards these five things falls under the domain of public welfare and anything that threatens them amounts to corruption and must be removed in the larger interest of society.
A Message to Men
Keeping these fundamental rights guaranteed under Islamic law to every human being, it is vitally important that both men and women, whether Hindu, Muslim, Sikh, Christian, or anyone else belonging to any denomination, must necessarily work together to protect them.
Two Important Messages to Women
As crimes against women, particularly sexual assaults, are on the rise, Muslim women must join peaceful protests and demonstrations to demand harsh punishment for the accused and adequate justice for the victim no matter to which community the accused and victim belong. Even if it is not possible to organize or join big protest rallies, 10-15 women can hold silent protests with placards denouncing the particular crime outside their houses or at some prominent place in the localities where they live.
Undoubtedly, it is the responsibility of the state and society to protect the honour and chastity of women, but at the same time, women must accept that it is also their responsibility.
The misleading Western slogan “My Body, My Choice,” is a deception. Those who hold such views may keep their opinions. Islam teaches us that our will should be aligned with God’s will. My body is mine, but its use should be in accordance with God’s will; the wealth I earn is mine, but its expenditure should be in line with God’s will; my wife is mine, but I should treat her kindly as per God’s will; once a child is conceived, it is not solely the woman’s choice to abort it, but rather, it is God’s will that it not be killed either in the womb or after birth; my children are mine, but their upbringing should be according to God’s will; my body is mine, but my attire should be according to God’s will. This is the Islamic perspective.
Protection of Women’s Dignity: The Responsibility of the Individual and Society
While it is the sole responsibility of the government to keep society free from thieves, yet we keep our houses locked to ensure that no thief enters and burgles our houses. But if a woman says, “My house, my choice,” and then leaves the front gate open, it means she is inviting the thief to come to her house to commit the crime.
So a woman needs to take appropriate precautions whether to protect her house or her body. Every individual should take all possible measures for their protection and, at the same time, demand that society and the government fulfill their responsibilities. In this way, you will not only protect your rights and dignity but also contribute to the creation of a safe and honourable society.
FAQ’S
India has been grappling with a serious issue of sexual harassment and rape, which has gained increasing attention in recent years. Below are some frequently asked questions (FAQs) on this growing problem, along with their answers.
1. What is the current situation regarding sexual harassment and rape cases in India?
India has seen a significant rise in reported cases of sexual harassment and rape. High-profile cases like the 2012 Delhi gang rape have brought international attention to the issue, leading to widespread protests and demands for stricter laws. However, despite legal reforms, the number of reported cases remains high, with many incidents going unreported due to social stigma, fear of retaliation, or lack of trust in the legal system.
2. What are the main factors contributing to the rise in sexual harassment and rape cases?
Several factors contribute to the prevalence of these crimes, including:
Deep-rooted gender biases and the objectification of women contribute to a culture where sexual violence is often normalized.
Despite stringent laws, poor enforcement and a slow judicial process often result in low conviction rates.
Many people lack basic awareness about consent, gender equality, and the legal consequences of sexual violence.
Victims are often blamed for the crimes committed against them, discouraging them from coming forward.
3. What legal measures are in place to combat sexual harassment and rape in India?
India has several laws aimed at addressing sexual harassment and rape:
The Criminal Law (Amendment) Act, 2013 Also known as the Nirbhaya Act, it introduced stricter penalties for sexual offenses, including the death penalty in certain cases.
Protection of Women from Sexual Harassment at Workplace Act, 2013 Provides a mechanism for redressal of complaints of sexual harassment at workplaces.
The POCSO Act (2012) Specifically protects children from sexual offenses, with stringent punishments for the perpetrators.
4. What steps can be taken to improve the situation?
To address the issue effectively, a multifaceted approach is needed:
Improving the police response to sexual violence and ensuring quicker legal processes.
Promoting gender equality and educating people about consent and respect for women.
Providing better support systems for victims, including counseling and legal aid.
Involving local communities in creating a safer environment for women.
5. How are women’s rights organizations and activists contributing to the fight against sexual violence in India?
Women’s rights organizations and activists play a crucial role by:
Advocating for legal reforms they push for stronger laws and better implementation.
Providing support services many organizations offer counseling, legal aid, and shelters for victims.
Raising awareness through campaigns, workshops, and social media, they educate the public on issues related to sexual violence.
Holding authorities accountable by monitoring cases and advocating for justice, they ensure that authorities do not neglect their duties.
6. What challenges do survivors of sexual harassment and rape face in India?
Survivors often face multiple challenges, including:
Victims may be ostracized or blamed by society, which discourages them from reporting the crime.
The emotional and mental health impact can be long-lasting.
The judicial process can be slow and traumatic, often involving invasive questioning and a lack of privacy.
Many victims lack the financial resources to pursue legal action or seek psychological help.
7. Is sexual harassment and rape confined to certain areas in India?
No, sexual harassment and rape are not confined to specific regions or areas in India. These crimes occur across urban and rural areas, cutting across social, economic, and educational lines. However, rural areas may have lower reporting rates due to stronger social taboos and lack of access to legal resources.
8. What role does the media play in addressing sexual harassment and rape cases in India?
The media plays a dual role:
The media brings attention to cases of sexual violence, sometimes leading to public outrage and government action.
However, media coverage can also be insensitive, focusing on sensational details rather than the broader issues, which can further traumatize victims.
9. How do international organizations view the issue of sexual violence in India?
International organizations like the United Nations and Human Rights Watch have expressed concern over the high incidence of sexual violence in India. They often call for improved legal frameworks, better protection for women, and more significant efforts to change societal attitudes towards gender and violence.
10. What can individuals do to help combat sexual harassment and rape in India?
Individuals can contribute in several ways:
Understanding the issues and spreading awareness about gender equality and consent.
Offering emotional support and helping victims access legal and psychological services.
Engaging in community activism or supporting organizations that work to combat sexual violence.
Speaking out against misogyny and victim-blaming in personal and public spaces.
These FAQs provide a broad overview of the complex and multifaceted issue of sexual harassment and rape in India. Addressing it requires collective action from individuals, communities, and institutions at all levels.
